State Central Authority and Jazeer (No 3)

In the matter of *State Central Authority and Jazeer (No 3)*, Bennett J of the Family Court of Australia considered an application by the respondent mother concerning the return of a child, B, to New Zealand. The proceedings involved the State Central Authority and the respondent mother, with the central dispute revolving around the conditions under which the child would be returned to New Zealand.

The primary legal issue before the court was whether to grant the respondent mother leave to re-open her case to adduce further evidence. This evidence was relevant to the conditions of the child's return to New Zealand. The court was also required to determine which affidavits the respondent mother should be permitted to rely upon and how the proceedings should be managed to allow for the introduction of this new evidence and any response from the State Central Authority.

Bennett J granted leave to the respondent mother to re-open her case for the purpose of adducing further evidence concerning the conditions of the child's return. Leave was also granted to rely on specific affidavits sworn or affirmed by the respondent mother and a psychologist, Ms H, as well as an affidavit from a solicitor, Ms I. The court directed that any responsive material from the State Central Authority be filed by a specified date, and the further hearing was adjourned to allow for the consideration of this evidence and submissions, which were to be confined to the conditions of return. The respondent mother was also directed to publish any proposed conditions by a specific date. The court noted that failure to comply with orders for filing documents could lead to the proceedings being determined without further input from the defaulting party.